In an order filed Monday morning in the classified documents case against President Donald Trump, Florida District Judge Aileen Cannon questioned "the legal propriety" of prosecutors working for Special Counsel Jack Smith to use "an out-of-district grand jury proceeding to continue to investigate." She also struck down the sealed filings of two prosecutors.
"The Special Counsel’s motion for leave to file under seal [ECF No. 95] is DENIED. The Clerk is directed to STRIKE from the docket sealed entries 95 and 96. Waltine Nauta shall file a response to the Motion for a Garcia hearing [ECF No. 97] on or before August 17, 2023. Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district. The Special Counsel shall respond to that discussion in a Reply in Support of the Motion [ECF No. 97], due on or before August 22, 2023. The remaining Defendants may, but are not required to, file briefs of their own related to the grand jury issue referenced herein, but any such briefs are due by August 17, 2023, and may be submitted in combined or individual fashion," Cannon wrote.
Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors' sealed filings and demanding an explanation of "the legal propriety of using an out-of-district grand jury proceeding to continue to investigate" the docs case https://t.co/jawTpEvPWq pic.twitter.com/OciEt2vJql
— Kyle Cheney (@kyledcheney) August 7, 2023
In other words, Cannon is pointing out the Special Counsel may be engaged in Grand Jury abuse and is urging the Trump defense team to further explore the issue.
Last week Special Counsel Smith revealed in a motion that a Washington D.C. Grand Jury was still investigating potential additional charges in the Florida case.